NYT Article on Prop. 8 Lawsuit

The article argues that it's too early to bring a gay marriage lawsuit to the Supreme Court, that Loving vs. Virginia was possible because most states had done away their ban on interracial marriages by the time the Supreme Court ruled it unconstitutional. So basically the Supreme Court just follows public opinion and wouldn't make a decision that'd be vastly unpopular among the majority. The majority of course, is against gay marriage.

On HRC

Queerty has a great article on HRC's insistence on Hate Crime Bill being above anything else in LGBT rights.

This piece was inspired by Andrew Sullivan's blog post.

Hate Crime Bill passed, what's next?

This past Wednesday President Obama signed the Hate Crime bill law, which will no doubt be touted by his administration as a significant achievement. All that good will is negated today by another filing of the Justice Department seeking to dismiss Mass. Attorney General's lawsuit against DOMA.

Attention is now being turned to the Employment Non-Discrimination Act (EDNA), another relic from the early gay rights movement. If that passes, Congress is likely to move on to the Domestic Partnership Benefits and Obligations Act (DPBO) and Don't Ask Don't Tell (DADT).

Then would it be the Respect for Marriage Act's turn? Neither Sen. Harry Reid nor Speaker Nancy Pelosi has ever mentioned repealing DOMA as one of their priorities, if anything they were trying to kick the ball right back to the White House.

Silence of course, does not bode well for the RFA. Rep. Nadler said a while back he was confident a companion bill would be introduced in the Senate in the near future, yet there's no sign that's happening any time soon.

Will CIR include UAFA?

According to Melanie Nathan, Sen. Kirsten Gillibrand hinted that Sen. Chuck Schumer might include UAFA language in the Comprehensive Immigration Reform bill he'd be introducing by the end of the year.

After asking the pertinent question about the passage of Uniting American Families Act (UAFA) and its relationship to comprehensive Immigration reform (CIR) , the Senator spoke specifically of an integrated approach. Privy to this information through my advocacy on behalf of this particular couple I was told- “Meeting with Sen. Gillibrand was great; she’s indeed a great advocate for the LGBT community. She seems a very authentic person, genuine, kind and responsive, sensitive to all matters regarding LGBT issues. The Senator referred to Sen. Schumer who is writing the bill. She also said that CIR and UAFA should be on the table by the end of this year, so it can be passed by spring. She stressed the fact that it is important to have things dealt with before March. They’re going for an integrated approach.”

Of course, the prospect for CIR is at this point shaky at best. But what Sen. Gillibrand said in terms of timeline is similar to what Rep. Luis Gutierrez told NPR, that if CIR is not passed by March, it's basically dead, for a long time.

Rep. Luis Gutierrez gave it until end of March, a slightly bigger window of opportunity compared to the "before March" estimate of Sen. Gillibrand:

And so that's why I believe our window is very small. That is to say, you do health care, you get the energy bill passed in the House and the Senate. Get both of those bills signed by the president. That should bring us to about the beginning of February and that's the window, I think you have that window of February and March. And once you go into April, you really have a diminishing opportunity because you do have the midterm elections getting closer and closer.

Another sad story

Tim Coco, had been on a rather lonely crusade to be reunited with his husband, Genesio "Junior" Oliveira, until Senator John Kerry intervened. However, even that was not enough, as the Justice Department denied Oliveira's asylum request.

Many bi-national couples have turned to political asylum as a last resort with little success. This case just proves that without legislative actions, there's really very few things we could do to keep our families together.

Sad, but true.

Congressional hearing on immigration included same-sex couple

Steve Orner testified before congressional staffs in a closed door hearing on immigration reform, the Advocate reports.

The Pittsburgh Post-Gazette has this perspective from Senator Bob Casey.

Another cosponsor of immigration equality for gay couples, Sen. Bob Casey, said he'd prefer to see a bill passed separately -- to give it a better chance of passage, given that wholesale immigration reform proved a tough sell last session and may do so again. Mr. Casey, who supports gay civil unions, believes that it "makes no sense" to deport people who meet the requirements of this bill.

"We're saying to tens of thousands of Americans, in effect, 'Sorry, we understand you're in this relationship and are committed to each other and to this country, but you have to leave.' "

And when the deportee's education was paid for with U.S. tax dollars, "that's particularly disturbing," he said.

Senator Casey is one of the so-called "Blue Dogs" in the Senate. His center-right social leanings are noted by his opposition to abortion and gay marriage. Most recently he had expressed reluctance to repeal the Defense of Marriage Act.

Even with Sen. Casey's support, UAFA is still far away from the 51 votes required in the Senate for passage. You can keep track of the Public Whip Count of UAFA via ActOnPrincipals. Click here for the House Whip Count, and here for the Senate Whip Count.

It remains to be seen whether UAFA would be included in the upcoming Comprehensive Immigration Reform. Sen. Patrick Leahy and Rep. Jerry Nadler have penned an op-ed calling for UAFA's inclusion in the CIR. But even with Healthcare Reform edging closer to the finish line, there are still other priorities ahead of CIR: climate change ("Cap and Trade), financial reform, etc.

Up and down

A new poll shows Maine voters are split on Question 1, with 48% against a gay marriage repeal and 48% for. A previous poll has shown the "No" votes leading by several percentage points.

This almost mirrored the Prop. 8 polls leading up the election. Most of the time it was neck-and-neck, but we lost on Election day by several percentage points, leading some to believe that some "yes" people lied to pollsters to hide their bigotry. Would the same story play out this time in Maine? Let's hope not.

My personal opinion is that we win no matter we win in Maine or not. If we win in Maine, that's a clear sign that public opinion is turning to our favor. If we lose, it'd galvanize the community even more, just like Prop. 8 did.

Just look at the young faces at the National Equality Match. That's an entire generation awaken by Prop. 8.

Activists not giving up on RFA

First, David Mixner called on the LGBT community to stop giving money to Democrats who refuse to co-sponsor the RFA.

Then, some really smart and action-oriented folks started a new website Act on Principals , listing positions taken by each lawmaker on RFA. According to their current count, there are 192 yes/leaning yes votes (counting the co-sponsors), 187 no/leaning no votes and 56 unknown positions. 218 votes are required for a bill to be passed by the House.

Of course, the more difficult battle lies in the Senate, where 51 votes are required.

Hats off to these guys, with grassroots movements like this, HRC is becoming more irrelevant with each passing day.

Is 2013 the year?

Since various Washington insiders (Barney Frank the first among them) have put the chances for the Respect for Marriage Act at zero, the legislative path for a repeal of the Defense of Marriage Act appears dead in the water. Many believe the best hope of repealing DOMA lies with the Supreme Court, through the lawsuit filed by GLAD challenging Section 3 of DOMA.

Legal experts have put the chances of GLAD winning the lawsuit at good. But there is one major problem with the GLAD lawsuit. Even if DOMA is founded to be unconstitutional by the Supreme Court, it would only benefit the people living in the states where gay marriage is legal. In other words, for someone living in Alabama, a state expected to be among the last to grant same-sex marriage rights, getting married in Iowa would not entitle them to the 1000+ federal rights enjoyed by married couples, such as the ability to sponsor their spouse for a greencard.

It'd still be a great victory to the LGBT community, but a limited win at best.

But there is a wild card.

Ted Olson and David Boies, the famous duo known for the Bush vs. Gore recount, have filed a lawsuit to challenge state constitutions (Prop. 8) banning gay marriage. A federal judge has set the court date in Jan. 2010. Like the Glad lawsuit, the Prop. 8 suit is expected to take three years to reach the Supreme Court. That will put the Supreme Court hearing very likely in 2013, the same year GLAD's lawsuit would be heard.

While most legal experts agreed the GLAD lawsuit again DOMA stands a very good chance of winning, opinions are split when it comes to the Prop. 8 lawsuit filed by Olson and Boies. Many believe it's either premature or lacks legal footing. The New York Times hosted a lively discussion on the topic.

So if all the stars aligned and we won both cases in the Supreme Court the marriage and equal rights issues would be settled once and for all. That is, of course, the best case scenario. The facts remain that the Supreme Court is currently center-right, with Judge Anthony Kennedy being the swing vote. Judge Kennedy is considered a conservative but appears to be sympathetic to LGBT causes. It still would be extraordinary for him to cast a favorable vote in both cases.

Yes, it's basically a pie-in-the-sky kind of thing, but a little bit of dreaming wouldn't hurt, right?

My thoughts on HRC

Lately HRC President Joe Solomonese has come under more fire from LGBT activists for giving the White House a pass after the underwhelming speech President Obama gave at the HRC annual dinner. Joe didn't help himself when he sent out an email asking us to wait until 2017 before passing judgement on the President's record on gay rights.

I have to say I'm more than disappointed by HRC and Solomonese's actions. When HRC launched their DOMA Repeal campaign, I thought I should stop bitching about them and do something to show my support of the more sensible approach. So I opened my wallet and donated.

Now I'm starting to wonder if the whole DOMA repeal is just a temporary measure by HRC to placate their critics, with no true intention of getting their weight behind it. One thing is for sure: despite their high-profile campaign to repeal DOMA, HRC has not put any pressure on the White House to act on it. Was this a secret deal struck during one of their "strategic" meetings with the Administration?

And Joe, don't expect to see another penny from me. I gave you the benefit of doubt, your action however, showed you're unworthy.

Latest poll from Maine shows 52% would vote to keep gay marriage legal

Obviously winning in Maine would signify an important milestone in the gay marriage fight. This is the first poll I can remember that shows the "No on 1" opinion leading the opposition.

More at Politico.

They finally told the truth

Someone at the White House finally came out and said it. For those who still harbor hope that President Obama meant what he said, time for a reality check.

An anonymous White House advisor relayed the following message via NBC's John Harwood:

Barack Obama is doing well with 90% or more of Democrats so the White House views this opposition as really part of the Internet left fringe.

For a sign of how seriously the White House does or doesn't take this opposition, one adviser told me those bloggers need to take off the pajamas, get dressed, and realize that governing a closely divided country is complicated and difficult.

More at AMERICAblog and Pam's Houseblend.

The President's speech: Same old same old

As expected, President Obama broke no new ground on LGBT issues during his HRC speech tonight. It was basically the same old "Oh how I love you gay people". Then, sure enough, he dangled the Hate Crime Bill bone, earning applauses from the well-dressed audience.

And his gay best friend and future Secretary-of-HUD-to-be Barney Frank continued his assault on the grassroots, trashing the National Equality March interview after interview.

Oh Barney, your future boss thinks you're likable enough already, don't you think you're trying a little bit too hard to kiss up to him?

Public opinion on Homosexuality

Not immigration/DOMA related but very interesting read: Basically support for Civil Union has grown ever so slightly (57% support, 37% oppose), whereas support for gay marriage continues on an up and down trend (53% oppose, 39% support), with little significant change over the past 6 years.

President Obama has stated that he wants to establish Federal Civil Union so gay and lesbian couples can enjoy all the federal rights. Since taking office though, he has said very little on the issue. The problem is that Federal Civil Union would very likely piss off the left as much as it would the right. Those who favor marriage would see this as an insult to the community, and that President Obama just wanted to throw us a bone and get us out of his way. The Right wouldn't be happy either because to them anything remotely resembling marriage is an abomination.

So I guess that proposal is permanently off the table now.

Barney Frank is mad as hell

...at other gay people?

First he made it clear that he will not co-sponsor the Respect for Marriage Act because it's destined to fail, now he's saying the National Equality March is useless:

Barney Frank believes the march this weekend and rally on the mall are "useless" and don't put pressure on the White House. "I literally don't understand how this will do anything," he said. "People are kidding themselves. I don't want people patting themselves on the back for doing something that is useless." Besides, he says, "Barack Obama does not need pressure." He says we should model ourselves as lobbyists on "the National Rifle Association." He says people should not come to Washington and should stay home and lobby their members of Congress. "Nobody in Congress even knows they're there, he says, and he is not attending the March: He is going to California to raise money for himself and other Democrats.

Many seem puzzled by his vocal opposition to causes dear to the community, although few has expressed the same level of outrage when Rep. Frank excluded transgender people from the EDNA.

But the reason behind all of this might be simple: As reported by the book Barney Frank: The Story of America's Only Left-Handed, Gay, Jewish Congressman , Frank is looking to cap his political career by becoming the Secretary of the Department of Housing and Urban Development, which would make him the first openly gay cabinet member. It's unlikely that Frank would make his ambition public unless he was 100% sure he'd get the job, which means the Obama Administration probably has assured him that the job will be his.

And there are signs that Rep. Frank is "in" with the White House too. President Obama recently singled him out for praise at an event, probably because Rep. Frank has been very protective of his administration, to the point of defending the indefensible DOMA Brief filed by the Justice Department.

We should have known then that he is no longer interested in being our advocate, if he ever was one.

Another gloomy assessment of RFM from a gay Dem operative

Steve Hildebrand, former deputy campaign manager for President Obama and recent critic of the Administration's handling of LGBT issues, does not think Congress would ever have the guts to repeal DOMA:

"I don't believe Congress will ever have the courage to repeal DOMA," said Hildebrand, who himself is gay and advising gay San Francisco Supervisor Bevan Dufty on his 2011 mayoral bid.

Asked by the Bay Area Reporter about Frank's opposition to the bill, Hildebrand acknowledged that without the powerful lawmaker's support the bill's prospects are dim.

"I don't pretend to understand everything that goes on in Congressman Frank's head. He is a wickedly smart guy but he has a lot on his plate with the banking crisis," said Hildebrand. "He is a leader who inspires many gay Americans and we need to have him be one of our best advocates. He has a lot of clout in that Democratic caucus.

"Even if an issue like repeal of DOMA doesn't have all the votes, it doesn't mean we shouldn't fight like hell to get it passed," added Hildebrand.

House Comprehensive Immigration Bill

Rep. Luis Gutierrez has announced that he will introduce a comprehensive immigration reform bill on Oct. 13th. Windy City Times reported that LGBT groups are lobbying him to include in his bill languages similar to the Uniting American Families Act.

Rep. Gutierrez is a member of the House Judiciary Committee and sits on the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law. He's also a co-sponsor of the UAFA.

However, aside from not knowing if UAFA would be included in his CIR bill, what's also unclear is whether Rep. Gutierrez has the backing of Speaker Nancy Pelosi, who had stated in the past that she would not start on comprehensive immigration reform unless the Senate first acts on it. It appears that Rep. Gutierrez is acting on his own without the blessing of Speaker Pelosi, much like Rep. Jerry Nadler and others introducing the Defense of Marriage Act Repeal despite knowing it's not on Pelosi's priority list.

It'd be nice if Rep. Gutierrez could include UAFA in his CIR bill, but ultimately, the fate of Comprehensive Immigration Reform lies in the hands of the Senate, as it has been always. Senator Chuck Schumer is expected to introduce the senate version of the CIR bill, which is where I think we should focus our energy on.

A Great Game of Kickball

This post from Daily Kos does a really good job of summing up how dysfunctional the democrats are when it comes to gay rights:

And so the game of kickball continues -- Robert Gates said they were going to "push that one down the road a little bit," Dick Durbin claimed they're just too busy in the Senate (doing what, he didn't say), while Harry Reid has gone from saying they're working on it to crying for help, and now another "too busy."

They're like a bunch of drunks arguing over who's going to be the designated driver.

At least they're talking about DADT. The President has yet to acknowledge the Respect for Marriage Act, despite repeatedly saying that he wants to see DOMA repealed. His unofficial LGBT spokespersons (aka John Berry, Barney Frank) have kicked the ball to another long-shot receiver-the Supreme Court.

Whatever the rhetorics, action (or lack of) always speaks much louder.

President Obama to give keynote address at HRC dinner

On the eve of the National Equality March, high-profile democrats finally start to take notice. First, Senate Majority Leader Harry Reid sent a letter to the steering committee announcing his support. Then came the news today that President Obama will be addressing the audience at the HRC dinner on Saturday, a day before the march is to take place.

It's certainly a nice gesture, but I'm not holding out hope the President would be breaking any new ground in his speech. Yes, we'd probably hear the same I-am-your-fierce-advocate type of rhetoric, but that's about it.